PANAJI
The Fast Track Special Court has acquitted a 31-year-old man of rape charges, holding that the prosecution failed to establish that the sexual relationship was induced by deceit or a false promise of marriage.
The complainant had alleged that between October 2019 and January 2022, the accused, a tailor from Bicholim, forced her into a sexual relationship against her will. In her deposition, she alleged the accused, a native of Uttar Pradesh, had performed a ritual by swearing on the Holy Quran and tying a mangalsutra around her neck, which made her believe that they were lawfully married.
She further stated that she realised the alleged deception only after the accused left for his native village in early 2022. When she later confronted him in Uttar Pradesh, he allegedly denied any marriage, following which she lodged a complaint with the Bicholim Police.
During the trial, defence counsel Adv Rohan Desai argued that the case was fabricated. The accused’s wife, examined as a defence witness, claimed that the complainant was known to them and had borrowed Rs 1 lakh in 2021. The defence contended that the complaint was filed in retaliation after demands for repayment.
While the court found the money-lending defence improbable, it held that the prosecution failed to prove the charge of rape.
The court noted that the complainant, an adult widow with children, was aware that the accused was already married. During cross-examination, she admitted familiarity with the procedure of a Muslim marriage (nikah).
Observing that “mere keeping a hand on the Quran does not constitute a valid marriage,” the court held that a prudent person could not have been misled by such an act. It further noted that the relationship continued for nearly three years, without the parties cohabiting or presenting themselves as husband and wife in society.
The court also found no evidence to suggest that any promise to marry was false from the outset, noting that the relationship deteriorated only after the accused’s wife became aware of the affair.
In its 43-page judgment, the court concluded that the prosecution failed to prove that the complainant’s consent for sexual relations was obtained through deception, and acquitted the accused.
